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IN RE ESTATE OF BOWLES

No. 22564.

93 Ohio App. 461 (1952)

IN RE ESTATE OF BOWLES: MORGAN ET AL., APPELLANTS, v. HEIRS AT LAW OF BOWLES, APPELLEES.

Court of Appeals of Ohio, Cuyahoga county.

Decided October 27, 1952.

Attorney(s) appearing for the Case

Messrs. Baker, Hostetler & Patterson, Mr. H. F. Burns, Mr. R. T. Sawyer, Jr., Mr. A. P. Hadley, Mr. T. G. Thompson, and Messrs. Amerman, McHenry, Jones & Morgan, for appellants.

Messrs. Sayre, Vail & Steele, Messrs. Pickrel, Schaeffer & Ebeling, Mr. William A. Finn and Messrs. Klein, Diehm & Father, for appellees.

HURD, J.

This cause comes before this court at this time on a motion of the appellees for an order dismissing appellants' appeal on questions of law and fact from an order of the Probate court denying probate of a lost will and codicil, on the ground that the appeal does not invoke the chancery jurisdiction of this court, and that, therefore, the appeal, of necessity, must proceed only on questions of law.

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